Mission Viejo Wrongful Termination Lawyer

Mission Viejo Wrongful Termination Attorney

Employers in Mission Viejo are held to the “at-will” employment law of California, meaning they can fire an employee for any reason or no reason at all. They can do so at any time and do not need to provide the employee with notice. However, this can sometimes make it easy for employees to wrongfully terminate another employee. If you believe this has happened to you, you need to hire an experienced Mission Viejo wrongful termination lawyer immediately.

Work With Attorney Briana Kim, PC

At Briana Kim, PC, we have nearly two decades of experience bringing employment law violation cases before a jury or arbitrator at either the Orange County Superior Court on West Civic Center Drive in Santa Ana, or the US District Court for the Central District of California on West Fourth Street in Santa Ana. We can put this experience to work in your case as we treat you with the attentive representation you deserve and fight for a favorable outcome.

Over the years, Attorney Briana Kim, PC, has been rated a Super Lawyer several times and is ready to put this excellence into your case and fight for the most favorable outcome possible. Ms. Kim is a proud Korean American and is fluent in both English and Korean, making her a strong legal advocate for individuals from all backgrounds. Let her protect your employment rights today.

What Counts as Wrongful Termination in Mission Viejo?

In Mission Viejo, if you believe you have been fired from your job not based on any kind of unruly or illegal behavior on your part or because of any kind of poor job performance, then you might actually be the victim of a wrongful termination.

Wrongful termination can happen for many reasons, including violations of employment policy, in retaliation for asking for an accommodation or necessary leave, or in cases of quid pro quo sexual harassment.

• Retaliation. In California, your employer cannot willfully fire you simply because you have reported some form of workplace discrimination, harassment, or illegal activity, like fraud or safety violations, that are occurring in your workplace. In 2024 alone, the EEOC recorded 1,732 reports of retaliation in the workplace.
• Whistleblower retaliation. Employees have the right to report any kind of illegal activity that is happening at their place of work, and these individuals are protected from any kind of termination based on this report under the labor laws of California.
• Breach of employment contracts. If you are under an employment contract that lays out the conditions of termination, your employer must follow those terms and conditions. If not, you may be able to file a wrongful termination claim.
• Public policy violation. An employer cannot fire their employees when those employees are exercising their rights, such as taking medical leave or serving on a jury.
• Sexual harassment. Sexual harassment in the workplace is a rampant issue. If an individual in power, such as a boss, employer, company owner, manager, or supervisor, requests a sexual favor in exchange for a promotion or raise, or threatens to fire you if you do not grant this favor, this is called quid pro quo harassment. If your employer fires you because of this, it is considered wrongful termination.
• Discrimination. Nearly 58% of Asian Americans feel as though they have been the victim of discrimination in their workplace. If you have been terminated from your employment based on your skin color, race, religion, age, or other similar protected characteristics, the team at Briana Kim, PC, is here to fight for your rights to compensation.

At Briana Kim, PC, we are here to review your case and help determine if you have been the victim of wrongful termination. We are here to come alongside you, stand up for your rights, and ultimately seek the case outcome you most desire.

FAQs

What Damages May I Be Able to Receive for Wrongful Termination?

If you have been wrongfully terminated in Mission Viejo or anywhere in California, you may be entitled to recover certain forms of damages. These damages can include payment for any lost wages or any lost benefits, such as medical leave, dental or vision insurance, emotional distress or mental anguish damages, and in rare cases, you may receive punitive damages.

How to Tell if My Termination Was Discriminatory?

In 2022, the EEOC recovered $513 million for victims of discrimination in the workplace. If you believe that your employer has terminated you solely on the grounds of a protected characteristic, this could be considered discriminatory wrongful termination. These protected characteristics include age, religion, disability status, race or color, national origin, pregnancy, sexual orientation or gender identity, and medical conditions.

What Evidence Can Help Prove Wrongful Termination?

In a wrongful termination case, there are several forms of evidence that could be useful to prove your claim. You may be able to showcase your previous performance from any positive performance reviews you have recently received, or the testimony of co-workers. You may also be able to gather evidence that speaks to the personal history you have had with your employer and co-workers.

Has My Employer Acted in Bad Faith?

If your employer treats you in an unfair manner and places you in a position where you suffer negative impacts, you may be able to claim a breach of the duty of good faith. However, this can make a wrongful termination case more complicated. Examples of acting in bad faith can include terminating you with the intent of replacing you with a cheaper individual or transferring you out of spite to encourage you to quit.

Hire a Wrongful Termination Lawyer Today

If you or a loved one has been wrongfully terminated from a place of work in Mission Viejo, it is time to hire a wrongful termination lawyer and stand up for your rights. At Briana Kim, PC, we are here to offer you a free consultation to see if we are the right fit to defend your case. Contact our offices today and let us evaluate your claim.